Federal Comments

On behalf of the Transportation Trades Department, AFL-CIO (TTD), we are pleased to comment on the U.S. Department of Commerce’s 21st Century U.S. Port Competitiveness Initiative and hope to better inform the agency’s report on best practices at seaports. By way of background, TTD consists of 32 affiliated unions in the transportation sector, including longshore, maritime and rail unions employed at or otherwise directly affected by U.S. ports. We therefore have a vested interest in this rulemaking.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I write to comment on FRA and FMCSA’s joint Advanced Notice of Proposed Rulemaking (ANPRM) on evaluating certain safety-sensitive transportation workers for obstructive sleep apnea (OSA). By way of background, TTD consists of 32 affiliated unions representing workers in all modes of transportation, including those who FMCSA and FRA may consider safety-sensitive and would be impacted by this proceeding.[1] We therefore have a vested interest in this rulemaking.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on the Federal Railroad Administration’s (FRA) Notice of Proposed Rulemaking (NPRM) on Train Crew Staffing. By way of background, TTD consists of 32 affiliate unions representing workers in all modes of transportation including those employed in the passenger and freight rail industries. We therefore have a vested interest in this proceeding. In addition, we endorse the comments filed by a TTD affiliate, The International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD).

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I write to comment on the Railroad Retirement Board’s (RRB) proposed renewal and revision of its G-251 form. By way of background, TTD consists of 32 affiliated unions that represent workers in all modes of transportation, including those employed in the railroad industry. We therefore have a vested interest in this proceeding.

Through this notice, FMCSA is seeking to define a “curbside bus operator” for the purpose of implementing section 32707 of MAP-21, which requires an annual safety fitness assessment of certain motor carriers of passengers that serve primarily urban areas with high passenger loads. The Agency has specifically identified curbside operators as the intended subject of that requirement, and proposes that these carriers should be defined as those that use 25% or more of their motorcoaches for operations involving pick-ups and drop-offs at curbside locations or parking lots.

In its March 2, 2016 filing, CPRL requests the STB to provide a declaratory order on whether it would be potentially permissible for CPRL to hold its own subsidiaries in trust while it acquires ownership and control of NS and seeks regulatory approval of a CP-NS merger. CPRL has not submitted an actual voting trust proposal for STB’s review but rather requests the agency’s opinion on a theoretical trust. CPRL’s petition also requests a ruling on whether it would be permissible for CP’s chief executive officer (CEO) to divest from CP and assume a comparable position at NS where he would implement various substantial operational and structural changes.

As labor organizations representing transit workers throughout the country, we urge the Department of Transportation (DOT) and your Federal Transit Administration (FTA) to issue a rule to protect bus drivers and other transit operators from the physical assaults that are plaguing this industry. As you know, Section 3022 of the Fixing America’s Surface Transportation (FAST) Act, builds upon FTA’s authority to regulate the safety of public transportation and requires the agency to issue a rulemaking on transit operator assaults. We believe that given the gravity of the problem, the clear Congressional directive, and DOT’s own engagement on this issue, that a rule to mitigate assaults should be finalized this calendar year.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to comment on the Federal Motor Carrier Safety Administration’s (FMCSA) Notice of Proposed Rulemaking (NPRM) on Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators. By way of background, TTD consists of 32 affiliated unions that represent workers in all modes of transportation, including those whose members maintain a commercial driver’s license (CDL) for employment. We therefore have a vested interest in this rulemaking.

In this NPRM, FTA requires that transit agencies receiving funds under 49 U.S.C. Chapter 53 and not regulated by another agency, develop and implement a Public Transportation Agency Safety Plan (Safety Plan). This NPRM establishes the core components that Safety Plans must contain, including methods to identify, evaluate, and minimize safety risk. Among other minimum components, Safety Plans must include training programs for personnel responsible for safety, and in certain cases, emergency preparedness and response plans. FTA requires that covered transit agencies develop their Safety Plans using a four-pillared Safety Management System (SMS) approach to ensure agencies’ unique needs are met.

The record in the NAI proceeding shows that NAI is staffing its long-haul flights with flight crew based in Thailand and employed by non-European crew supply companies on employment contracts governed by Asia law: Singapore law in the case of pilots and Thailand law in the case of flight attendants. The record in that case further shows the terms and conditions of employment for those pilots and flight attendants are substantially inferior to those that apply to pilots and flight attendants employed directly by Norwegian or its subsidiaries. The Labor Parties showed that granting NAI either an exemption or a foreign air carrier permit would be inconsistent with the public interest standards set out in the aviation statutes and the provisions of the ATA, in particular, Article 17 bis.